IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25079 of 2010
MD. OBAIDUR RAHMAN @ MD. OBAID S/O MOJIBUL RAHMAN
Versus
STATE OF BIHAR
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6. 02.02.2011 Heard learned Counsel for the petitioner
and the State.
The petitioner seeks bail in a case instituted
for the offence under Sections 364,302,201,379 and
120 (B) of the Indian Penal Code.
The petitioner was refused bail earlier by
the order dated 4.1.2010 but has renewed his prayer
for bail since he is in custody since 4.4.2009 and has
no criminal antecedents.
Considering the same against whom the
only material that has transpired during
investigation is that he had received the stolen
vehicle without any further material that he was
involved on kidnapping and killing of the driver
concerned, let the petitioner above named, be
released on bail on furnishing bail bond of Rs.
5,000/-(Five thousand) with two sureties of the like
amount each or any other surety to be fixed by the
court concerned to the satisfaction of learned
Railway Judicial Magistrate, Samastipur in
connection with G.R. No. 59 of 2009 arising out of
Rail Darbhanga P.S. Case No. 28/09, subject to the
conditions, (i) That one of the bailor will be a close
relative of the petitioner who will give an affidavit
giving genealogy as to how he is related with the
petitioner and the other bailor shall be the father-in-
law of the petitioner. The bailor will undertake to
furnish information to the Court about any change
in address of the petitioner. (ii) That the affidavit
shall clearly state that the petitioner is not an
accused in any other case and if he is he shall not be
released on bail, (iii) That the bailor shall also state
on affidavit that he will inform the court concerned if
the petitioner is implicated in any other case of
similar nature after his release in the present case
and thereafter the court below will be at liberty to
initiate the proceeding for cancellation of bail on
ground of misuse, (iv) That the petitioner will be well
represented on each date if he fails to do so on two
consecutive dates, his bail will be liable to be
cancelled.
Fahad. ( Anjana Prakash, J. )